Tuesday, 9 July 2019

Draft format for BEN-1 - SBO Rules 2018

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“Form No. BEN-1”

Declaration by the beneficial owner who holds or acquires significant beneficial ownership in shares 

[Pursuant to section 90(1) of the Companies Act, 2013 and rule 2A, 3]



To,
Name of the company:
Registered office address:

1. Purpose of filing the form (choose any one)
* For declaration of Significant Beneficial Ownership under Section 90
 For Change in Significant Beneficial Ownership under Section 90

ID of the Significant Beneficial Owner 

2. Particulars of the holder of the significant beneficial interest:

Name of the Significant Beneficial Owner (Given name and last Name)

Address and Email id

Date of Birth/Age

Father’s/ Mother’s/Spouse’s name

Occupation

Nationality

Passport No. (in case of foreign national)


3A. Nature of indirect holding or exercise of right in the reporting company through member of the reporting company (where more than one repeat this para of the Form)

(a)  Type of Member (Company/ LLP/Any other Body Corporate/HUF/ Partnership Firm/Discretionary Trust/Charitable trust/Specific Trust/Revocable Trust /Pooled Investment vehicle (PIV) / Entity controlled by PIV)

(b)  Corporate Identity number(CIN) or Limited Liability Partnership Identification number(LLPIN) or any other registration number allotted by the regulator established under the Act



 
(c)  Name of the Member

(d)  Address

Line I Line II


City                                                                                      State

Country                                                                            Pin Code


(e)    Nature of indirect holding or exercise of right in the reporting company:
 


o   By virtue of shares                                           %
o   By virtue of voting rights in shares  %

o   By virtue of rights on distributable dividend or any other distribution                        %
o   By virtue of exercise of control (attach copy of agreement)
o   By virtue of exercise of significant influence (attach copy of agreement)
(f) Status of significant beneficial owner in the member of the reporting company (choose any one)

o   Individual in case of company or any other body corporate
o   Partner in case of  partnership firm or LLP
o   Karta in case of HUF
o   Trustee in case of a discretionary trust or charitable trust
o   Beneficiary in case of a specific trust
o   Author or settler in case of a revocable trust
o   General Partner, Investment Manager or CEO in case of pooled investment vehicle or
               entity controlled by pooled investment vehicle

(g)  In case the member is a partnership firm or LLP, specify whether significant beneficial owner:
o   is a partner
o   holds majority stake in the body corporate partner
o   holds majority stake in the ultimate holding company of the body corporate partner

(h)  In case the member is a company or any other body corporate, specify whether significant beneficial owner holds:
o   majority stake in such company or body corporate
o   majority stake in the ultimate holding company of such company or body corporate

(i) Whether Significant Beneficial Owner has any direct holding or right in the reporting company

 Yes           No

If yes, enter details below:

By virtue of shares                %
By virtue of voting rights in shares                %
By virtue of rights on distributable dividend or any other distribution        %
By virtue of exercise of control (attach copy of agreement)
By virtue of exercise of significant influence (attach copy of agreement)
By virtue of exercise of control (attach copy of agreement)

Date:
Place:
Signature of the holder of the significant beneficial interest
*Attachments:


Attachments:
    * (a) Proof of identity of the registered owner and holder of the significant beneficial interest
       (b) Instrument/ document under which the significant beneficial interest is created/ transferred/changed



Source: Companies (Significant Beneficial Ownership) Amendment Rules, 2019 (http://www.mca.gov.in/Ministry/pdf/CompaniesOwnersAmendmentRules_08020219.pdf )


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